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Georgia Municipal Law Questions & Answers
1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

2 Answers | Asked in Criminal Law and Municipal Law for Georgia on
Q: If my case was “Nolle Prosequi”, will my arrest still show on a background check?

I was arrested for a misdemeanor shoplifting charge in Georgia in 2020. I completed a Pretrial diversion program and was granted Nolle Prosequi. The municipal court mentioned something about a restricted record. Will my arrest show up? Is there any way to check? I want to be able to have a clean... Read more »

Robbie Levin
Robbie Levin answered on Feb 4, 2021

If the case has a record restriction, it should only be available to law enforcement.

For more information, visit my website at www.LevinLawyerGa.com

-Law Office of Robbie M. Levin, Esq.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Is it inhuman to keep an inmate in a holding cell for 13 days without a phone call or visit of any kind. Under invest.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 10, 2020

It depends. It is best to consult an attorney as soon as possible who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law, Municipal Law and Public Benefits for Georgia on
Q: Is is legal for a PTA to auction off spots for cars in a "parent pick up line" ?

In an elementary school the parent pick up line starts to form more than 90 min before the students are released at the end of the day. The line is very long and the PTA has auctioned off the first two spots in the front of the line for the two parents (with the highest bid) to arrive anytime... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

I don't hear anything illegal about what you have described. As long as the school's administration approves and there are no safety or traffic laws broken, the PTA can auction off those coveted spots. On the other hand, enforcement may prove interesting!

-The Upshaw Law Firm,...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Texas has a hold on my husband in GA. If they dont Pick him up within 14 days and file for an extention is he released?

Texas has a hold, husband is in GA jail (paulding) if they don't file for an extention immediately, does paulding county detention center HAVE to release him? Already have a lawyer working for him in TX, just need to get him out of jail here to get him home to myself and our children under 2... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

It all depends on the Sheriffs. Different counties have different policies. However, you may want to just check with TX and see when they are going to pick him up first. Because if they make a promise to pick him up he may not be released in 14 days.

1 Answer | Asked in Personal Injury, Car Accidents, Gov & Administrative Law and Municipal Law for Georgia on
Q: Can I sue the police Officer and Gwinnett county for rear ending me
Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

Sure. However there's a complicated thing called the state tort claims act so the best thing is to consult a member of the Ga. Trial Lawyers Assn in that county --they give free consults.

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: Can a case be thrown out after diversion
Ecleynne Mercy
Ecleynne Mercy answered on Dec 20, 2018

After success completion of the diversion program, you case will be dismissed. Thus, giving you the opportunity to have that arrest and that charge Restricted from you Record with a record restriction. I hope this helps!

Ecleynne Mercy Esq.

(404) 599-3031

Mercy Law P.C.

www.mercylawpc.com

1 Answer | Asked in Criminal Law, Landlord - Tenant and Municipal Law for Georgia on
Q: Can neighbor complaints be enough for a judge to sign a search warrant in Ga
David Edward Boyle
David Edward Boyle answered on Oct 23, 2018

Possibly, depends on what information they provided. If the neighbors told the police they saw you kill someone and bury them in the backyard then of course that would be enough to justify a search warrant to dig up your backyard.

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: if I shoot a gun on my property, how far do I need to be from my neighbor's house?

What about tannerite? How far should I be from a neighbors house? I am asking about a legal perspective and not just concerning safety.

David Edward Boyle
David Edward Boyle answered on May 14, 2018

There is no set distance from a home. If done unsafely than you can be charged with reckless conduct, a misdemeanor. You might also want to look out county or city ordinances. Some cities restrict entirely the ability to fire a gun in their jurisdiction unless for self defense purposes.

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: If charged with Disorderly Conduct in the City of Walnutgrove GA do I have the right to move it out of Municipal Court .

I can't get a fair trial in this municipal court

Forrest Clinton Barbour
Forrest Clinton Barbour answered on Apr 2, 2018

Consult with a local attorney who is familiar with Walnut Grove.

1 Answer | Asked in Traffic Tickets, Environmental, Municipal Law and Small Claims for Georgia on
Q: In park with friend after hours. No sex, drugs, or alcohol involved. What is the typical fine cost/penalty? Thank you

Got ticket for “in park after closing.” I want to know about how much I’ll have to pay (or if I can get it dismissed or something) and if this is a “serious” offense that would mess up jobs and criminal background checks and whatnot. All help is appreciated, Thank You.

Forrest Clinton Barbour
Forrest Clinton Barbour answered on Apr 2, 2018

Call the court and ask them the fine amount. SInce you weren't arrested, you won't have an arrest record for this.

1 Answer | Asked in Car Accidents and Municipal Law for Georgia on
Q: Strategy to sue a municipality for gross negligence. GA Magistrate Court

A 4 lane road is barricaded with jersey walls 40ft after an intersection. There are no impact arrestors, signs, road markings, etc. to warn of a road closure. The barricades/ road closure is non compliant with MUTCD. Additionally, the municipality's code prohibits the depositing of anything on... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 28, 2018

If there was a wreck and you were hurt contact a member of the Ga Trial Lawyers Assn--they give free consults.

If you weren't hurt this is a hypothetical and we don't answer those.

1 Answer | Asked in Criminal Law, Municipal Law and Consumer Law for Georgia on
Q: The dealership i brought my car from gave me a temp tag that expired on the 4th of February 2018, i brought the car

In december, i had to get and extention on the temp to march6th, for that reason he canceled my registeration, i got pulled over on the 3rd of march saying my tags were expired but the tag said march 6th after i got the extension, i also was ticketed for concealing identity of a vehicle what do i... Read more »

Forrest Clinton Barbour
Forrest Clinton Barbour answered on Mar 5, 2018

Hire an attorney ASAP. I am in Fayetteville and offer free consultations.

1 Answer | Asked in Criminal Law, Probate and Municipal Law for Georgia on
Q: Can my misdemeanor probation officer refuse my comunity service hours from a federal non profit establishment?

He is saying i have to do them at the land feild and the land feild said they dont do comunity service anymore for court mandated hours. I told the officer this and he started being unruly with me. By law his jobis to find other options and establishment to accept service hours from so hes notdoing... Read more »

William C. Head
William C. Head answered on Jul 22, 2017

Your lawyer can take your probation issues back before the judge. He or she can resolve this, since the judge oversees the case.

2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Georgia on
Q: Officer violated many rights, not guilty, denied jury trial, no attorney given, 14 years later can I take it to court?

Sitting at stop sign, officer turns around & pulls me over. Illegally search car, impounds car, take me to police station, forces me to give a UA, did not read me any rights, wrote a citation and made me pay to leave station, he said that if the UA comes back positive he will file the charges,... Read more »

William C. Head
William C. Head answered on Mar 26, 2017

I know of no law allowing any lawsuit 14 years later. The law in every state puts time limits on when litigation must be pursued, and you fit none of the exceptions to allow this out-of-time filing.

William C. Head

Atlanta, GA

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1 Answer | Asked in Animal / Dog Law and Municipal Law for Georgia on
Q: Are there dangerous dog ordinances in Alabama? Specifically Glencoe City? Do all cities abide by state ordinances?

I am trying to move a dog that may potentially be deemed "dangerous" in the state of Georgia to Alabama. I am trying to research and find out if Alabama has Dangerous Dog Ordinances as a state or if cities and counties all have separate ones?!

David Alan Wolf
David Alan Wolf answered on May 8, 2016

Most cities and counties have the local ordinances online. A good resource / website is municode.com Laws vary from State to State and even City to City. You can also visit the local animal control website or contact animal control to find out more information. Good luck.

1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Where do I get a section 1983 form for civil rights complaint for Atlanta Ga? I really need form now.

On 10/29/2014 I began my life changing experience ourcountrylives.com where I realized The City of Atlanta Pretrial Detention Center guards are abusing the 3ne & 4ne dorms. They beat me on several occasions locked me in a cell and lied about my injuries. They falsified paperwork to hold me in... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 12, 2015

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